804 CMR 2.02
Housing Discrimination Against Persons with Children
(1) Applicable Law. M.G.L. c. 151B, § 4, subsection 11 prohibits discrimination in the leasing or
renting of accommodations to any person because the person has a child or children who shall occupy
the premises with such person.
(2) Definition of Children.
(a) For the purposes of 804 CMR 2.02, a child is any individual who has not yet attained the age
of 18 years.
(b) For the purposes of 804 CMR 2.02, discrimination against persons with children shall extend
to women who are pregnant.
(c) For the purposes of 804 CMR 2.02, discrimination against persons with children shall extend
to persons who are in the process of securing legal custody of a child or children.
(3) Examples of Unlawful Practices. Examples of unlawful practices under 804 CMR 2.02(3) include
but are not limited to the following:
2.02: continued
(a) Refusing to rent to families with young children because of lead paint in the unit.
(b) Refusing to allow families with young children to live above a certain floor.
(c) Charging a higher rent or security deposit to families with children.